Letter: Capacity - on the ball?
I recently attended a talk by an eminent consultant psychiatrist who specialised in the treatment etc of dementia. His talk covered legal matters and criteria for ascertaining capability, among other things.
The cases and obiter dicta he cited during the talk were drawn from English decisions. When it was drawn to his attention that most, if not all, these cases did not, in fact, form part of the law of Scotland, he seemed somewhat bemused.
My purpose in writing is to suggest to practitioners involved in this work that should they require to obtain a report or opinion from a psychiatrist, psychologist or other, they ascertain that the criteria used are part of the law of Scotland!